Cooper v. Woodford et al

Filing 18

ORDER denying 14 Motion to Appoint Counsel signed by Magistrate Judge Sandra M. Snyder on 11/19/2010. (Lundstrom, T)

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(HC) Cooper v. Woodford et al Doc. 18 1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 19, 2010, Petitioner Aaron L. Cooper, a state prisoner proceeding pro se, filed a motion seeking the appointment of counsel. Petitioner does not have the right to representation by counsel, see McCleskey v. Zant, 499 U.S. 467, 495 (1991); Pennsylvania v. Finley, 481 U.S. 551, 555 (1987), but the Court may appoint counsel where the interest of justice so requires, Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1985) (citations omitted). "In deciding whether to appoint counsel in a habeas proceeding, the district court must evaluate the likelihood of success of the merits as well as the ability of the petitioner to articulate his claims pro se in light of the complexity of the legal issues involved." Weygandt, 718 F.2d at 954. In light of Petitioner's inability to succeed on the merits given that he is challenging his conditions of confinement rather than the fact or duration of his confinement, 28 U.S.C. 2254(a); /// /// /// /// 1 Dockets.Justia.com UNITED STATES DISTRICT COURT AARON LYNDALE COOPER, Petitioner, vs. CASE NO. 1:10-cv-01124-OWW-SMS (HC) ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL (Doc. 14) JEANNA WOODFORD, et al., Respondents. / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Badea v.Cox, 931 F.2d 573, 574 (9th Cir. 1991) (citing Preiser v. Rodriguez, 411 U.S. 475, 485, 93 S.Ct. 1827, 1833 (1973)), Petitioner's request for appointment of counsel is HEREBY DENIED. IT IS SO ORDERED. Dated: icido3 November 19, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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